""" This category is now closed. We have left this page here for legacy purposes. You should review the EU Settlement Status and EUSS Family Permit pages which are the current relevant categories. ***
Welcome to the RLegal Solicitors’ EEA Family Permit section. With over 30 years experience, RLegal can guide you through the evidential requirements and assist you to ensure that your EEA Family Permit is granted. We will not recommend that you proceed unless we are confident of success.
An EEA Family Permit is an immigration document issued to a non European Economic Area (EEA) national, who is a family member of an EEA national pursuing specified activities in another member state. It has its legal basis from the Free Movement Directive 2004/38/EC (the Directive).
The aim of the Directive is to enable nationals of member states of the European Community to move freely from one member state to another in order to live, study or work with their families to support the ‘common market’ or in other words, to promote 'Freedom of Movement' between member states, where the Directive is engaged, in pursuance of the economic aim to establish the market.
The UK has transposed the Directive into the Immigration (European Economic Area) Regulations 2006 (EEA Regulations 2006). It should be noted that the EEA Regulations 2006 are not a literal transposition of the Directive, but is the UK government’s interpretation of it, which has led to litigation. The European Court of Justice (ECJ) is the final arbiter of disputes relating to the interpretation of the Directive.
The EEA Regulations 2006 permits EEA nationals and their families to enter the UK for up to 3 months. If an EEA national intends to stay for more than 3 months he must either seek work, or work (through both employment or self employment), study or be ‘economically self sufficient’ – these are commonly referred to as pursing an ‘EEA Treaty Right’. If an EEA national pursues an EEA Treaty Right, then his spouse and other family members have the ‘Right’ under EEA law to also live and work in the UK.
The EEA national or their non EEA family members do not have to formally apply for documentation to evidence their right to stay in the UK once the EEA national exercises the EEA Treaty Right, but should do so for administrative reasons as an EEA Family Permit issued in the UK will enable them to enter, live and work here.
The EEA national is not required to apply for any documentation in advance of his travel to the UK - all that is required is the production of his valid passport or ID card on entry.
Once the EEA national is in the UK and engages EEA laws, he can apply for an EEA Residence Certificate to evidence his right to live in the UK.
The EEA Family Permit should be applied for to a designated British mission overseas. The EEA Family Permit will normally be issued where the non EEA national can show that they are a family member of the EEA national, and that the EEA national is exercising an EEA Treaty Right. Once issued, the EEA Family Permit is valid for 6 months. Obviously if the non EEA national has an EEA Family Permit they should be admitted to the UK. If the non EEA national travels to the UK without an EEA Family Permit then he will have to satisfy an Immigration Officer of his right to enter the UK and therefore risks non admission to the UK.
Once admitted to the UK, the non EEA national should then apply for an EEA Residence Card – further information for which can be obtained by going to this section on our website.
If you would like to discuss your immigration needs with an expert, please contact us on +44 (0) 20 7038 3980 to talk to one of our highly experienced team, email us at info@rlegal.com or complete our online enquiry form.
Click on the links below for more detailed information about EEA Family Permits.
